N00178-08-D-5651 M801 MOD 10 - UIC Technical Services

CONTRACT NO.
N00178-08-D-5651
DELIVERY ORDER NO.
M801
AMENDMENT/MODIFICATION NO.
(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the
cost of materials, with its own employees.
(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the
contract, not including the cost of materials, with its own employees.
252.232-7007 LIMITATION OF GOVERNMENT’S OBLIGATION (MAY 2006)
(a) Contract line item 5100 is incrementally funded. The sum of $0.00 is presently available for payment and
allotted to this contract. An allotment schedule is contained in paragraph (j) of this clause.
(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the
total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the
Government’s convenience, approximates the total amount currently allotted to the contract. The Contractor is not
authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event
to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to
the contrary in the clause entitled “Termination for Convenience of the Government.” As used in this clause, the total
amount payable by the Government in the event of termination of applicable contract line item(s) for convenience
includes costs, profit, and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will
notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor ’s best judgment,
the work will reach the point at which the total amount payable by the Government, including any cost for termination
for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the
applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate
of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date
for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The
notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required
for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified
in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification
additional funds are not allotted by the date identified in the Contractor’s notification, or by an agreed substitute
date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to
the clause of this contract entitled “Termination for Convenience of the Government.”
(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph
(a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds.
The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds
and agreed substitute date, and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts
sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor
incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are
allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling
prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable
adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause
entitled “Disputes.”
(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line
item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause
entitled “Default.” The provisions of this clause are limited to the work and allotment of funds for the contract line
item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except
with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs
(d) and (e) of this clause.
(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this
contract entitled “Termination for Convenience of the Government.”
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FINAL